Error and/or relief
The abstract of judgment contains a clerical error on the sentence and must be corrected.
Holding:
The transcript of the sentencing hearing and the corresponding minute order reflect that the court imposed a total indeterminate term of 152 years to life, but the abstract of judgment identifies the total term as 156 years to life. Any discrepancy between the judgment as orally pronounced and as recorded in the clerk’s minutes or abstract of judgment is presumed to be the result of clerical error. Because we may order the correction of such clerical errors, we will direct the trial court to modify the abstract of judgment.
Authority:
People v. Leon (2020) 8 Cal.5th 831, 855
People v. Mitchell (2001) 26 Cal.4th 181, 186-187